A private person may arrest another without a warrant when:

A private person may arrest another without a warrant when:

• A. The offense occurred in a private residence
• B. The offense is a misdemeanor that is not against the public peace
• C. The offense is a traffic violation
• D. The offense committed is within view and is a misdemeanor against the public peace or a felony

Answer: (D)

Private persons may arrest without a warrant in Texas when they actually observe the offense in their presence, or when the offense is a felony, or when there is a breach of the peace. In this scenario, the person witnesses an offense that is either a misdemeanor against the public peace or a felony, which fits the authorized conditions for a warrantless arrest. The other options don’t meet those specific criteria: simply happening in a private residence isn’t enough by itself to authorize a private arrest without other qualifying factors, and a traffic violation typically does not fall under the category of a breach of the peace or a qualifying misdemeanor/felony for private arrest.

Private persons may arrest without a warrant in Texas when they actually observe the offense in their presence, or when the offense is a felony, or when there is a breach of the peace. In this scenario, the person witnesses an offense that is either a misdemeanor against the public peace or a felony, which fits the authorized conditions for a warrantless arrest. The other options don’t meet those specific criteria: simply happening in a private residence isn’t enough by itself to authorize a private arrest without other qualifying factors, and a traffic violation typically does not fall under the category of a breach of the peace or a qualifying misdemeanor/felony for private arrest.